Which Law Governs Divorce In Pakistan?

Law relating to dissolution of marriage is governed partly by personal law and partly by statute law which applies to different religious communities. If one of the parties is Christian, the matter of divorce would be governed by Divorce Act 1869, as amended by The Divorce (Amendment) Act 1975. Under Divorce Act 1869 both parties must be domiciled in Pakistan at time petition is presented and petitioner must be resident here. Jurisdiction to entertain petitions for divorce lies with High Court and also in District Court and decrees for dissolution under Act will be given as far as possible in conformity with principles and rules on which court for divorce and matrimonial causes in England acts. By powers given under Family Courts (Amendment) Act 2002, family courts have jurisdiction to try offences where one of spouses is victim of offence by another notwithstanding provisions of Code of Criminal Procedure.

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